Page:Federal Reporter, 1st Series, Volume 2.djvu/425

 418 FEDERAL REPORTER. �tained, and that then it was contemplated that the parties should be married at some convenient future time in the state of New York. No question was raised upon the trial of an intent to marry in New York for the purpoee of evading the laws of Alabanaa. �By the statutes of Alabama marriage between the son and the sister of his mother is declared to be incestuous and void, and such persons who marry or who cohabit together are declared guilty of crime and punishable by imprisonment. By the statutes of New York marriages between parents and children, including grandparents and grandchildren of every degree, ascending and descending, and between brothers and sisters of the half as well as of the whole blood are declared to be incestuous and absolutely void. �The jury were instructed that while the parties could not lawfully contraot marriage in the state of Alabama, and the promises for such a marriage would be void, they could law- fully marry in the state of New York ; and if, by the tenus of their promises of marriage, the promises were to be fulfiUed by a marriage in New York, the agreement was valid, and plaintiff, upon proving a breach, could recover damages. If this instruction was erroneous the motion for a new trial must prevail. �This ruling involves several novel questions of law, which could not be satisfactorily considered upon the trial. Some of these questions arise under that difScult and perplexing branch of jurisprudence which relates to the conflict of laws of different states, as to which it was well remarked by Porter, J., in Saul V. His Creditors, 17 Mart. (La.) 570 : "Our former experience has taught us that questions of this kind are the most embarrassing and difficult of decision that can oceupy the attention of those who preside in courts of justice." �The first question which the instructions present is whether the agreement of the parties is controlled by the law of Ala- bama or by that of New York. As the statute of Alabama de- clares a marriage between persons related, as are the parties, void and criminal, if the law of Alabama controls, no agree- ment having such a marriage as its consideration can be ����